The Latest From the Recount
I just returned from the Stearns County clerk’s office. The clerk’s office in just down the hall from where they’re doing the recount. While at the Clerk’s office, I asked if they’d heard if they’d finish the recount today as scheduled. The people there weren’t certain because they were now checking the backs of ballots.
Though the people in the Clerk’s office weren’t certain who was doing this, I’m betting that it’s Franken’s people who were asking for that. I can’t picture Sen. Coleman’s people doing that since they’re ahead. This tactic will certainly slow this process down while having little impact on the outcome.
Since a lawsuit is sure to be filed by the candidate who’s trailing, I decided to check on whether Minnesota Election law speaks to that. Here’s what I found:
209.021 NOTICE OF CONTEST.
Subdivision 1. Manner; time; contents. Service of a notice of contest must be made in the same manner as the service of summons in civil actions. The notice of contest must specify the grounds on which the contest will be made. The contestant shall serve notice of the contest on the parties enumerated in this section. Notice must be served and filed within five days after the canvass is completed in the case of a primary or special primary or within seven days after the canvass is completed in the case of a special or general election; except that if a contest is based on a deliberate, serious, and material violation of the election laws which was discovered from the statements of receipts and disbursements required to be filed by candidates and committees, the action may be commenced and the notice served and filed within ten days after the filing of the statements in the case of a general or special election or within five days after the filing of the statements in the case of a primary or special primary. If a notice of contest questions only which party received the highest number of votes legally cast at the election, a contestee who loses may serve and file a notice of contest on any other ground during the three days following expiration of the time for appealing the decision on the vote count.
Subd. 2. Notice filed with court. If the contest relates to a nomination or election for statewide office, the contestant shall file the notice of contest with the court administrator of district court in Ramsey county. For contests relating to any other office, the contestant shall file the notice of contest with the court administrator of district court in the county where the contestee resides.
If the contest relates to a constitutional amendment or other question voted on statewide, the contestant shall file the notice of contest with the court administrator of district court in Ramsey county. If the contest relates to any other question, the contestant shall file the notice of contest with the court administrator of district court for the county or any one of the counties where the
question appeared on the ballot.
Ramsey District Court appears to be Ground Zero for statewide election disputes. From there, it would got to the Minnesota Court of Appeals, then to the Minnesota Supreme Court. The Minnesota Court of Appeals “provides the citizens of Minnesota with prompt and deliberate review of all final decisions of the trial courts, state agencies and local governments.”
Unless something totally unforeseen happens, this case will be heard by the Minnesota Supreme Court.
The other X factor in all this is the United States Senate. They can vote to seat either of these candidates. I can’t see them exercising their right to seat Franken if he’s trailing. Every Democratic senator that votes to seat Al Franken will be tarred and feathered with this. They’ll be ridiculed, especially after they’ve made an eith year mantra of count every vote.
It’d be politically difficult to justify seating Franken. The outrage over their arrogance would make Democrats toxic during the next election cycle.
Technorati Tags: Recount, Al Franken, Norm Coleman, Ballot Challenges, Election Law, Ramsey County, Minnesota Court of Appeals, Supreme Court, Harry Reid, Election 2008, Midterm Elections
Cross-posted at LetFreedomRingBlog